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Common Legal Terms and Indian Law > A - C Terms > Flashcards

A - C Terms Flashcards

1
Q

Abatement of Nuisance

A

The removal of a nuisance

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2
Q

Acquittal

A

A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.

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3
Q

Action

A

A proceeding in a court of law by which one party sues to secure the protection of a right or the prevention of a wrong.

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4
Q

Adjournment

A

Closing of open court usually for lunch, close of the day, or recess.

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5
Q

Adjudge

A

To pass on judicially, to decide, settle, decree: to sentence or condemn.

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6
Q

Adjudicate

A

To settle in the exercise of judicial authority. To determine finally.

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7
Q

Adjudication

A

The giving or pronouncing of a judgment or decree for one side or the other in a lawsuit.

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8
Q

Administrative

A

A governmental agency; a generic term which encompasses “board: and commission.”

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9
Q

Admonition

A

Oral advice by a judge or a jury or a defendant.

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10
Q

Affidavit

A

A written statement sworn to before a notary public or another person possessing authority to administer an oath.

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11
Q

Affirm

A

Make a formal declaration in place of an oath.

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12
Q

Agenda

A

List of cases scheduled for court appearance by date, time, and place of appearance; also called the court calendar.

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13
Q

Agent

A

A person appointed by the Bureau of Indian Affairs to supervise U.S. government programs on a reservation and/or in a specific region

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14
Q

Alias

A

Called by another name, “also known as.”

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15
Q

Allegation

A

An assertion made by a party which must be proved or supported with evidence.

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16
Q

Allotment

A

A parcel of land or homstead assigned to an individual Indian, usually the head of a family, by the United States in an effort to replace communal property ownership with private property ownership. The title of the land is held in trust by the United States or it is given to the Indian with the condition that the land cannot be sold without the consent of the United States.

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17
Q

Amend

A

Improve, correct, or change.

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18
Q

Annuities

A

A sum of money payable yearly or at other regular intervals, resulting from a contact or agreement such as a treaty.

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19
Q

Annuity System

A

A payment procedure for land acquired from Indians that results in fixed periodic payments in cash, goods, or services for a term of years.

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20
Q

Annulment (of Marriage)

A

The voiding of a marriage, usually because of invalidity.

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21
Q

Answer

A

In pleading, a response to a complaint.

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22
Q

Appeal

A

Application to a higher court to right an injustice or correct an error of a lower court.

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23
Q

Appeal Bond

A

A sum of money posted by an appellant.

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24
Q

Appearance

A

Appearing in court as an attorney, a plaintiff, or a defendant in an action.

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25
Q

Appellant

A

One who ppeals a court decision; Sometimes used interchangeably with Petitioner.

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26
Q

Appellate

A

Having the power to hear appeals and to reverse court decisions; refers to a court of review rather than one with trial jurisdiction.

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27
Q

Appellate Court

A

A court having jurisdiction of appeal and review; a court to which causes are removable by appeal, certiorari, or error; a reviewing court, and except in special cases where original jurisdiction is conferred, not a “trial court” or court of first instance.

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28
Q

Arbitration

A

The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept as binding, or only as a nonbinding guide.

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29
Q

Arraign

A

In criminal practice. To bring a prisoner to the bar of the court to answer the matter charged upon him in the indictment.

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30
Q

Arraignment

A

Criminal defendant’s initial appearance in court held for the purpose of informing the defendant of the charges, allowing the defendant to state an answer to the charges, setting bail, and appointing an attorney, if necessary.

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31
Q

Arrears

A

The part of an obligation not paid when due and that accumulated as unpaid.

32
Q

Assault

A

Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

33
Q

Assimilation

A

The merging of cultural traits from previously distinct cultural groups. Federal officials talked about the absorption of Indians into the dominant culture but their policies emphasized Indian acculturation rather than assimilation.

34
Q

Attachment

A

Legal seizure of a person or property; the writ ordering seizure.

35
Q

Attestation

A

The act of witnessing the execution of a written instrument and subscribing or signing it as a witness.

36
Q

Authenticated

A

A copy of a document which is accompanied by a certificate attesting to the office of the person signing the copy.

37
Q

Bail

A

The amount of money or property that is presented to the court by or on behalf of someone accused of a crime in order to allow him or her to be released from jail and to be secure his or her appearance in court as the court proceeds (bail was set at $50,000). Security, collateral, deposit, pledge, surety, undertaking, indemnity, bond, bail bond, warranty, assurance bond. The person who furnishes the money or property that enables an accused to be released until the next court appearance. Surety, sponsor, bondsman. To obtain the release someone by being responsible (security) for his or her appearance in court as the case proceeds. Post collateral, post bond. sponsor.

38
Q

Bail Bond

A

A written gurantee that a party will appear in court when ordered, or risk losing the value of the bond.

39
Q

Battery

A

A beating, or wrongful physical violence. The actual threat to use force is an “assault”; the use of it is battery, which usually includes an assault.

40
Q

Bench

A

The seat occupied by the judge. More broadly, the court himself.

41
Q

Bench Trial

A

Trial without a jury in which a judge decides the facts.

42
Q

Beyond A Reasonable Doubt

A

The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainity by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

43
Q

Bond

A

A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties properly.

44
Q

Booking

A

The process of photography, fingerprinting, and recording identifying data of a suspect. This process follows an arrest.

45
Q

Boundaries

A

A separating line that indicates or fixes a limit or extent.

46
Q

Brief

A

A persuasive document prepared by counsel defining issues, citing the counsel’s point-of-view, and citing authorities in support of the viewpoint.

47
Q

Burden of Proof

A

In the law evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof) it deals with which side must establish a point or points.

48
Q

Burglary

A

The act of an illegal entry with the intent to steal.

49
Q

Calendar

A

A list of cases scheduled for hearing in court.

50
Q

Calendaring

A

Assigning and scheduling of court appearances.

51
Q

Case

A

Any action or special proceeding.

52
Q

Cause

A

A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

53
Q

Cede

A

To officially or formally surrender a possession. The treaties between the U.S. government and many Indian tribes often involved the cession of lands.

54
Q

Ceded Territory

A

The land recognized as belonging to the Indian tribes which the United States acquired as a result of treaties.

55
Q

Certification

A

Written attestation or authorized declaration verifying that an instrument is a true and correct copy of the original.

56
Q

Certiorari

A

A legal proceeding by which a court reviews the decision of a lower court or governmental agency.

57
Q

Certified Copy

A

A copy of a document with a certificate attesting that the copy is a true and correct copy of a document on file.

58
Q

Challenge for Cause

A

Term of art used mainly in juror challenges: a specific reason for removing the prospective juror, e.g., prospective juror is related to one of the parties. Cf. Peremptory Challenge

59
Q

Change of Venue

A

Moving a case from one court to another, for the convenience of the parties or because of inability to get an impartial hearing.

60
Q

Charge

A

Criminal: the statement of alleged offenses committed by the defendant
Jury: The giving of instructions on law by the judge to the jury at the end of trial.

61
Q

Circumstantial Evidence

A

An evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an interference is drawn.

62
Q

Citation

A

1) A summons to a misdemeanat calling for appearance in court.
2) A reference in brief to a previous court decision, statute or other authoritative writing.

63
Q

Citizenship

A

The privilege of being a member in a political society. The privilege includes a duty of allegiance on the part of the member and duty of protection on the part of the society.

64
Q

Claim

A

In civil cases, the statement of relief desired.

65
Q

Claim and Delivery

A

Action for recovery of items wrongfully taken and detained.

66
Q

Cognizance

A

Jurisdiction, or the exercise of jurisdiction, or power try and determine causes; judicial examination of a matter, or power and authority to make it.

67
Q

Gognize

A

The party to whom is fine was levied.

68
Q

Comity

A

Courtesy among political entities (as nations, states, or courts of different jurisdictions), mutual recognition of legislative, executive, and judicial acts.

69
Q

Commit

A

To send a person to prison, asylum, or reformatory by a court order.

70
Q

Communal Property

A

Property that is shared or used in common by members of a group or community.

71
Q

Complaint

A

CIVIL: the initial pleading in a civil action which states the claim for which relief is sought.
Criminal: A charge that a person has committed an offense, often used interchangeably with INFORMATION

72
Q

Comply

A

To yield to accommodate, or to adapt oneself to, to act in accordance with.

73
Q

Complainant

A

The party who brings a legal complaint against another; esp., the plaintiff in a civil suit.

74
Q

Compromise of a Minor’s Claim

A

Settlement by the parent or guardian and adverse party which must be approved by the court.

74
Q

Concurrent Sentences

A

Sentences for more than one crime that are to be served at the same time, rather than one after another.

75
Q

Confiscate

A

The governmental taking of private property without payment.

76
Q

Confession

A

A statement acknowledging guilt which is made by a person charged with a crime.

Common Legal Terms and Indian Law (1 decks)

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